Legal Opinion

In re the Estate of Kirkby

New York Surrogate's Court

Decided August 30, 1968PublishedCited by 4 opinions

1Opinion of the Court

S. Samuel Di Falco, S.

Laura Geer Kirkby died, a widow without issue, on November 15, 1963, domiciled in the County of Kent in England. Long prior thereto and while a resident of this State, she had executed a will on November 10, 1914 which has been admitted to probate in this court with letters of administration with the will annexed issuing to the Public Administrator who is here accounting. The dispositive provisions of that instrument were defeated by lapse through the prior deaths of all of the persons named to take as legatees and devisees and as a consequence intestacy results (Hard v.…

2Cases cited30 opinions

  1. Riggs v. Del DragoSupreme Court of the United States · 1942
  2. In Re the Estate of FindlayNew York Court of Appeals · 1930
  3. Meiselman v. Crown Heights Hospital, Inc.New York Court of Appeals · 1941
  4. Mockowik v. Kansas CitySupreme Court of Missouri · 1906
  5. Commissioner of Public Welfare v. KoehlerNew York Court of Appeals · 1940

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3Cited by4 opinions

  1. Tillman v. Lincoln Warehouse Corp.Appellate Division of the Supreme Court of the State of New York · 1979
  2. In Re Blanco EstateMichigan Court of Appeals · 1982
  3. In re the Estate of Ester T.New York Surrogate's Court · 1976
  4. In re the Estate of KirkbyNew York Surrogate's Court · 1969

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